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revote after a tie


Guest Phil

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The vote of a local agency on a motion resulted in an evenly split vote. Based on the definition from Ca law, the vote failed to result in any "action taken", as it didn't result from a "majority" of the body. That said, under Robert's Rules, did it therefore 'prevail' to the negative side, or did the motion simply fail to carry in favor of either side? Also, immediately after the results were tallied, one member asked for the motion to be reconsidered. The board voted 9-4 in favor of allowing the reconsideration, and a vote was immediately taken. Should this motion to reconsider have been allowed by the member who asked to change their vote, and should that vote have been carried forward to the next regular meeting? Relevant to the question is the fact that the member who made the motion previously voted 'no'.

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That said, under Robert's Rules, did it therefore 'prevail' to the negative side, or did the motion simply fail to carry in favor of either side?

A motion that fails to get a majority vote is defeated.

Also, immediately after the results were tallied, one member asked for the motion to be reconsidered. The board voted 9-4 in favor of allowing the reconsideration, and a vote was immediately taken. Should this motion to reconsider have been allowed by the member who asked to change their vote, and should that vote have been carried forward to the next regular meeting? Relevant to the question is the fact that the member who made the motion previously voted 'no'.

It was done properly. A motion to Reconsider can only be moved by someone who voted with the prevailing side (voted "no") [RONR pp. 304-325].

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The vote of a local agency on a motion resulted in an evenly split vote. Based on the definition from Ca law, the vote failed to result in any "action taken", as it didn't result from a "majority" of the body. That said, under Robert's Rules, did it therefore 'prevail' to the negative side, or did the motion simply fail to carry in favor of either side? Also, immediately after the results were tallied, one member asked for the motion to be reconsidered. The board voted 9-4 in favor of allowing the reconsideration, and a vote was immediately taken. Should this motion to reconsider have been allowed by the member who asked to change their vote, and should that vote have been carried forward to the next regular meeting? Relevant to the question is the fact that the member who made the motion previously voted 'no'.

A motion that fails to achieve a majority is defeated, whether the vote is 50-50 or 0-100. Therefore, the prevailing side is the negative side.

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